B4

User Terms

These terms and conditions (“User Terms”) apply to your visit to and your use of our website at b4realestate.com.au (the “Website”), the Service and the Application (as defined below), as well as to all information, recommendations and/or services provided to you on or through the Website, the Service and the Application.

PLEASE READ THESE USER TERMS CAREFULLY BEFORE DOWNLOADING OUR APPLICATION AND/OR USING OUR SERVICE.

b4realestate.com.au

Your contracting partner is Before Group Pty Ltd trading as b4realestate.com.au, a private limited liability company established in Queensland Australia, having its postal address at GPO Box 445, Brisbane Queensland 4000 (“b4realestate.com.au”).

What services does b4realestate.com.au provide?

b4realestate.com.au offers information and a means to obtain real estate services offered by third party real estate providers, real estate agents and real estate agencies (the “Real Estate Provider”), which may be requested through the use of an application supplied by b4realestate.com.au and downloaded and installed by you on your single mobile device (smart phone) (the “Application”). All services provided by b4realestate.com.au to you by means of your use of the Application are hereafter referred to as the “Service”.

How is a contract concluded between b4realestate.com.au and you?

By using the Application or the Service, you enter into a contract with b4realestate.com.au (the “Contract”). In order to be able to use the Application or Service, you first need to sign up with b4realestate.com.au. When signing up, you are obligated to provide b4realestate.com.au with your personal information, mobile telephone number, email address and credit card data. Upon successful completion of your signing up with b4realestate.com.au, b4realestate.com.au will provide you with a personal account, accessible for you with a password of your choice.

You have to be 18 years of age or older to use the Service or Application. If you reside in a jurisdiction that restricts the use of the Service or Application because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Service and the Application. You represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorised to enter into, and bind the entity to, these User Terms and register for the Service and the Application.

How to use the Service and the Application

The Application provides you with information pertaining to your search criteria, and allows you to contact a Real Estate Provider in regards to a real estate service. The Real Estate Provider has sole and complete discretion to accept or reject each request for a real estate service. The Real Estate Provider also has sole and complete discretion over whether to use the Application to receive the leads generated through the Application. The Real Estate Provider accepts that the Application notifies you and provides information regarding the Real Estate Provider – including its name, place of employment, mobile telephone number and email address – and the ability to contact the Real Estate Provider by telephone or email.

b4realestate.com.au shall procure reasonable efforts to bring you into contact with a Real Estate Provider in order to obtain real estate services.

For the avoidance of doubt: b4realestate.com.au itself does not provide real estate services. It is up to the Real Estate Provider to offer real estate services, which may be requested through the use of the Application and/or the Service. b4realestate.com.au only acts as intermediary between you and the Real Estate Provider. The provision of the real estate services by the Real Estate Provider to you is therefore subject to the agreement (to be) entered into between you and the Real Estate Provider. b4realestate.com.au shall never be a party to such agreement.

Your use of the Application or the Service

You warrant that the information you provide to b4realestate.com.au is accurate and complete. b4realestate.com.au is entitled at all times to verify the information that you have provided and to refuse the Service or use of the Application without providing reasons.

You may only access the Service using authorised means. It is your responsibility to check to ensure you download the correct Application for your device. b4realestate.com.au is not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device. b4realestate.com.au reserves the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorized device.

By using the Application or the Service, you further agree that:

1. You will only use the Service or download the Application for your sole, personal use and will not resell it to a third party;

2. You will not authorise others to use your account;

3. You will not assign or otherwise transfer your account to any other person or legal entity;

4. You will not use an account that is subject to any rights of a person other than you without appropriate authorisation;

5. You will not use the Service or Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;

6. You will not use the Service or Application to cause nuisance, annoyance or inconvenience;

7. You will not impair the proper operation of the network;

8. You will not try to harm the Service or Application in any way whatsoever;

9. You will not copy, or distribute the Application or other b4realestate.com.au Content without written permission from b4realestate.com.au;

10. You will keep secure and confidential your account password or any identification we provide you which allows access to the Service and the Application;

11. You will provide us with whatever proof of identity we may reasonably request;

12. You are aware that when making contact to relevant parties via telephone call or SMS (if available in your jurisdiction), standard call rates/messaging charges will apply;

13. You will not use the Service or Application with an incompatible or unauthorised device;

14. You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Application or Service.

b4realestate.com.au reserves the right to immediately terminate the Service and the use of the Application should you not comply with any of the above rules.

Payment

The use of the Application and the Service, and the rates that apply for the real estate services by the Real Estate Provider can be found upon initial sign-up in the application. These may be modified or updated by b4realestate.com.au from time to time. It is your own responsibility to remain informed about the current rates for the real estate services.

b4realestate.com.au reserves the right to introduce a fee for the use of the Application and/or the Service. If b4realestate.com.au decides to introduce such a fee, b4realestate.com.au shall inform you accordingly and allow you to either continue or terminate the Contract.

You agree that you will pay for all real estate services you purchase from the Real Estate Provider. You are responsible for the timely payment of all fees and for providing b4realestate.com.au with a valid credit card account for payment of all fees at all times. Any payment made is non-refundable.

b4realestate.com.au uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the Application and Service. The processing of payments or credits, as applicable, in connection with your use of the Application and Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these User Terms. b4realestate.com.au is not responsible for any errors by the Payment Processor. In connection with your use of the Services, b4realestate.com.au will obtain certain transaction details, which b4realestate.com.au will use solely in accordance with its Privacy and Cookie Notice.

Indemnification

By accepting these User Terms and using the Application or Service, you agree that you shall defend, indemnify and hold b4realestate.com.au, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:

a. your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein;

b. your violation of any rights of any third party, including Real Estate Providers arranged via the Application, or

c. your use or misuse of the Application or Service.

Liability

The information, recommendations and/or services provided to you on or through the Website, the Service and the Application is for general information purposes only and does not constitute advice. b4realestate.com.au will reasonably keep the Website and the Application and its contents correct and up to date but does not guarantee that (the contents of) the Website and/or Application are free of errors, defects, malware and viruses or that the Website and/or Application are correct, up to date and accurate.

b4realestate.com.au shall not be liable for any damages resulting from the use of (or inability to use) the Website or Application (but to the exclusion of death or personal injury), including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the Website or Application, unless such damage is the result of any willful misconduct or from gross negligence on the part of b4realestate.com.au.

b4realestate.com.au shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website or the Application, including — but not limited to — damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

The quality of the real estate services requested through the use of the Application or the Service is entirely the responsibility of the Real Estate Provider who ultimately provides such transportation services to you. b4realestate.com.au under no circumstance accepts liability in connection with and/or arising from the real estate services provided by the Real Estate Provider or any acts, actions, behaviour, conduct, and/or negligence on the part of the Real Estate Provider. Any complaints about the real estate services provided by the Real Estate Provider should therefore be submitted to the Real Estate Provider.

License Grant, Restrictions and Copyright Policy

For the purpose of this User Term, the following definitions apply:

“Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.

“b4realestate.com.au Content” means Content owned or used by b4realestate.com.au, its affiliates or licensors and made available through the Website, Service or Application, including any Content licensed from a third party, but excluding User Content.

“User” means a person who accesses or uses the Service or Application.

“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website or through the Service or Application.

“Collective Content” means, collectively, b4realestate.com.au Content and User Content.

Subject to your compliance with these User Terms, b4realestate.com.au grants you a limited, non-exclusive, non-transferable license:

iv. to view, download and print any b4realestate.com.au Content solely for your personal and non-commercial purposes; and

v. to view any User Content to which you are permitted access solely for your personal and non-commercial purposes.

You have no right to sublicense the license rights granted in this section.

You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service, Application or Collective Content, except as expressly permitted in these User Terms. You may not reuse any Collective Content without first obtaining the written consent of b4realestate.com.au. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by b4realestate.com.au or its licensors, except for the licenses and rights expressly granted in these User Terms.

License Granted by User

We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the Website or through the Service or Application. User Content will be deemed non-confidential and non-proprietary. Accordingly, b4realestate.com.au shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Content for any purpose, in any medium and throughout the world (“License Grant”).

You acknowledge that b4realestate.com.au only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. b4realestate.com.au shall not be continuously monitoring User Content published by you or moderating between Users, nor shall b4realestate.com.au be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of b4realestate.com.au.

Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.

You agree to indemnify and keep b4realestate.com.au, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by b4realestate.com.au or its affiliated companies related to any User Content posted or transmitted by you or your other use of the Website, the Service or the Application.

b4realestate.com.au reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which b4realestate.com.au believes is not in accordance with these User Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to b4realestate.com.au.

You agree to promptly notify b4realestate.com.au in writing of any User Content which breaches these User Terms. You agree to provide to b4realestate.com.au sufficient information to enable b4realestate.com.au to investigate whether such User Content breaches these User Terms. b4realestate.com.au agrees to make good faith efforts to investigate such complaint and shall take such action as b4realestate.com.au in its sole discretion decides. However, b4realestate.com.au does not warrant or represent that it will block or remove (in whole or in part) such user Content.

Application License

Subject to your compliance with these User Terms, b4realestate.com.au grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device that you own or control and to run such copy of the Application solely for your own personal use.

You shall not

vi. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Application in any way;

vii. modify or make derivative works based upon the Service or Application;

viii. create Internet “links” to the Service or “frame” or “mirror” any Application on any other server or wireless or Internet-based device;

ix. reverse engineer or access the Application in order to

a. design or build a competitive product or service,

b. design or build a product using similar ideas, features, functions or graphics of the Service or Application, or

c. copy any ideas, features, functions or graphics of the Service or Application, or

x. launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application.

You shall not:

i. send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;

ii. send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;

iii. send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;

iv. interfere with or disrupt the integrity or performance of the Website, the Application or Service or the data contained therein; or

v. attempt to gain unauthorized access to the Website, the Application or Service or its related systems or networks.

b4realestate.com.au will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. b4realestate.com.au may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that b4realestate.com.au has no obligation to monitor your access to or use of the Website, Service, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Website, the Application and Service, to ensure your compliance with these User Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. b4realestate.com.au reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that b4realestate.com.au, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Website, the Service or Application.

Intellectual Property Ownership

b4realestate.com.au alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, Application or the Service.

These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the Application or the Service, or any intellectual property rights owned by b4realestate.com.au. b4realestate.com.au’s name, logo, and the product names associated with the Application and Service are trademarks of b4realestate.com.au, its affiliated companies or third parties, and no right or license is granted to use them.

App Store Sourced Application

With respect to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), you will use the App Store Sourced Application only:

vi. on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and

vii. as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. b4realestate.com.au reserves all rights in and to the Application not expressly granted to you under these User Terms.

You acknowledge and agree that

viii. these User Terms are valid between you and b4realestate.com.au only, and not Apple, and

ix. b4realestate.com.au, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will, where applicable, refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between b4realestate.com.au and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of b4realestate.com.au.

You and b4realestate.com.au acknowledge that, as between b4realestate.com.au and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to:

x. product liability claims;

xi. any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and

xii. claims arising under consumer protection or similar legislation.

You and b4realestate.com.au acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between b4realestate.com.au and Apple, b4realestate.com.au, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

You and b4realestate.com.au acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries relating to your license of the App Store Sourced Application, and that, upon your acceptance of these User Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the rights under these User Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.

Without limiting any other provisions of these User Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

Third Party Interactions

During the use of the Website, the Application and the Service, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the Website, the Application and the Service and are beyond b4realestate.com.au’s control.

During use of the Website, the Application and the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through a link on the Website or through the Application or Service. These links take you off the Website, the Application and the Service and are beyond b4realestate.com.au’s control. The websites you can link to have their own separate terms and conditions as well as a privacy policy. b4realestate.com.au is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit or access these websites entirely at your own risk.

Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.

Term and termination of the contract

The Contract between b4realestate.com.au and you is concluded for an indefinite period.

You are entitled to terminate the Contract at all times by permanent deletion of your account through the Application installed on your smart phone, thus disabling the use by you of the Application and the Service. You can close your user account at any time by contacting b4realestate.com.au.

b4realestate.com.au is entitled to terminate the Contract at all times and with immediate effect (by disabling your use of the Application and the Service) if you:

m. violate or breach any term of these User Terms, or

n. in the opinion of b4realestate.com.au, misuse the Application or the Service. b4realestate.com.au is not obliged to give notice of the termination of the Contract in advance. After termination b4realestate.com.au will give notice thereof in accordance with these User Terms.

Invalidity of one or more provisions

The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms.

If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.

Modification of the Service and User Terms

b4realestate.com.au reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Service or Application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Service, Application or via email. b4realestate.com.au may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

Notice

b4realestate.com.au may give notice by means of a general notice on the Service or Application, or by electronic mail to your email address on record in b4realestate.com.au’s account information, or by written communication sent by regular mail to your address on record in b4realestate.com.au’s account information.

Assignment

You may not assign your rights under these User Terms without prior written approval of b4realestate.com.au.

Privacy and Cookie Notice

b4realestate.com.au collects and processes the personal data of the visitors of the Website and users of the Application according to the Privacy and Cookie Notice.

Applicable law and Dispute Resolution

These User Terms are subject to the laws of Australia. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, the Service or the Application (collectively, “Disputes”) will be settled exclusively by the competent court in Australia unless you notify b4realestate.com.au within one month after b4realestate.com.au invoking its right pursuant to this provision to commence court proceedings in Australia, that you demand settlement of the dispute, claim or controversy at hand before the relevant court competent by law.

Final provision

The English text of these User Terms constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.